Pune, Mahasthtra. I have 2 parking mentioned on my index 2. One coverd and one open. I booked flat in 2016(before rera). Now in 2020 builder has completed construction and started giving possession and society formation is going on. Can society claim their rights on my open parking after conveyance deed is done between society and developer?
Builder has no legal right to sale either open or stilt parking spaces. These spaces belong to the society and it has to allot these spaces in accordance with the CHS Bye-Laws. Builder can sale only garages.
one more question: Was this law (builder should not sell open parking) was applicable before RERA ? because most of builders has sold open parkings before RERA. What such buyers are supposed to do now?
The Law has been applicable before RERA and is also currently applicable. Decisions are given in the matter by Bombay High Court and Supreme Court. Buyers should ask refund from the builders for payments made for allotment of open or stilt parking.